Chapter 3 | Page 124
and must be actively sought by the State. This is discussed in detail in
Chapters 4, 5 and 6.
3.4 KEY ELEMENTS OF RESOURCE ALLOCATION
The ESCR Committee recognised and respected the ‘authority vested in
relevant State organs to adopt what it considers to be its most appropriate
policies and to allocate resources accordingly.’107 The emphasis here is on the
effective allocation of available resources. The importance of ‘equitable and
effective use of and access to the available resources’,108 and the need to give
priority to subsistence rights is also recognised.109 The State is, thus, required
to be mindful of the manner in which available resources are targeted towards
achieving the ESC rights objectives. This creates a stronger need for resource
allocation decisions and opportunity cost calculations to factor in State
obligations in relation to ESC rights. Therefore, this brings us to the question
of resource allocation from an ESC rights perspective, and our attempt to
understand the dynamics of public sector resource allocation decisions.
3.4.1 Dynamics of public sector resource allocation decisions
The question of allocation of resources attracted a lot of debate during the
drafting of the Covenant. For example, Chile argued that governments are
challenged ‘to apportion allocations between the various branches of the
social services or other budgetary appropriations’110 thus dictating to States
how to allocate resources would be unrealistic. Concerns were also raised
during the drafting of the Optional Protocol that the complaints procedure
107
An evaluation of the Obligation to take steps to the "Maximum Available Resources"
under an Optional Protocol to the Covenant, E/C.12/2007/1, above n 4, [2].
108
Limburg Principles, E/CN.4/1987/17, above n 64, Principle 27.
109
Ibid., Principle 28.
110
Summary record of the 236th meeting of the Commission on Human Rights, above n 33,
[20].
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents